Report No. 260
Analysis of the 2015 Draft Model Indian Bilateral Investment Treaty
| Contents | |
| Chapter I | Background to the Report |
| Background to the Report (1) | |
| Background to the Report (2) | |
| Chapter II | Preliminary |
| A. | Preamble |
| (i) | Analysis and comment |
| (ii) | Suggested draft |
| B. | Article 1. Definitions |
| (i) | Analysis and comment |
| (ii) | Suggested draft |
| C. | Article 2. Scope and General Provisions |
| (i) | Analysis and comment |
| (ii) | Suggested draft |
| Chapter III | Obligations of Parties |
| A. | Article 3: Standard of Treatment |
| (i) | Analysis and commen |
| (ii) | Suggested draft |
| B. | Article 5. Expropriation |
| (i) | Analysis and commen |
| (ii) | Suggested draft |
| C. | Article 6. Transfers (Monetary Transfer Provisions) |
| (i) | Analysis and commen |
| D. | Most Favoured Nation (Absent provision) |
| (i) | Analysis and commen |
| Chapter IV | Investor, Investment and Home State Obligations |
| A. | General comment |
| B. | Article 8. Scope of this Chapter |
| (i) | Analysis and commen |
| (ii) | Suggested draft |
| C. | Article 9. Obligation against Corruption |
| (i) | Analysis and commen |
| (ii) | Suggested draft |
| D. | Article 10. Disclosures |
| (i) | Analysis and commen |
| (ii) | Suggested draft |
| E. | Articles 11 and 12. Taxation and Compliance with Laws of Host State |
| (i) | Analysis and commen |
| (ii) | Suggested draft |
| F. | Article 13 - Home State Obligations |
| (i) | Analysis and commen |
| (ii) | Suggested draft |
| Chapter V | Dispute Settlement |
| A. | General comment |
| B. | Article 14.1. Purpose |
| (i) | Analysis and commen |
| (ii) | Suggested draft |
| C. | Article 14.2(ii). Instances where ISDS mechanism is not applicable |
| (i) | Analysis and commen |
| (ii) | Suggested draft |
| D. | Article 14.3. Exhaustion of local remedies, Notice and Consultation |
| (i) | Analysis and commen |
| (ii) | Suggested draft |
| E. | Article 14.4(4). Additional conditions precedent for submission of dispute to arbitration |
| (i) | Analysis and commen |
| (ii) | Suggested draft |
| F. | Article 14.5. Appointment of arbitrators |
| (i) | Analysis and commen |
| (ii) | Suggested draft |
| G. | Article 14.6. Prevention of conflict of interest of arbitrators and challenges |
| (i) | Analysis and commen |
| (ii) | Suggested draft |
| H. | Article 14.8. Transparency in arbitral proceedings |
| (i) | Analysis and commen |
| (ii) | Suggested draft |
| I. | Article 14.9. Burden of proof and governing law |
| (i) | Analysis and commen |
| (ii) | Suggested draft |
| J. | Article 14.10. Award |
| (i) | Analysis and commen |
| (ii) | Suggested draft |
| Chapter VI | Exceptions |
| A. | Article 16. General exceptions |
| (i) | Analysis and commen |
| (ii) | Suggested draft |
| Chapter VII | Final Provisions |
| A. | Article 19. Relationship with other Treaties |
| (i) | Analysis and commen |
| (ii) | Suggested draft |
| B. | Article 20. Denial of Benefits |
| (i) | Analysis and commen |
| (ii) | Suggested draft |
| C. | Article 21. Consultations and Periodic Review |
| (i) | Analysis and commen |
| (ii) | Suggested draft |
| D. | Article 22: Amendments |
| (i) | Analysis and commen |
| (ii) | Suggested draft |
| E. | Article 23: Entry into Force |
| (i) | Analysis and commen |
| (ii) | Suggested draft |
| F. | Article 24: Duration and Termination |
| (i) | Analysis and commen |
| (ii) | Suggested draft |
